What Happens After You Report A Workplace Injury In Wisconsin? A Step-By-Step Breakdown
Getting hurt at work can make you worry about your health, your pay, and your job. Many people are not sure what happens after they tell their employer about an injury. Wisconsin Worker’s Compensation law helps by providing medical care and wage replacement, and you do not have to prove anyone was at fault. Still, there are certain steps you need to follow, and mistakes or delays can affect your benefits. We help injured workers through each part of the process so they know what to expect and how their rights are protected.
Wisconsin Worker’s Compensation is covered by Chapter 102 of the Wisconsin Statutes. Most employers must have insurance under Wis. Stat. § 102.28. If you are hurt while working, you can usually get benefits under Wis. Stat. § 102.03. Here is a step-by-step guide to what usually happens after you report a workplace injury.
Step One: Reporting The Injury To Your Employer
Under Wis. Stat. § 102.12, an injured worker must provide notice of the injury to the employer within 30 days. In many cases, immediate reporting is best. Prompt notice helps prevent disputes about when and how the injury occurred.
After you give notice, your employer must report certain injuries to their insurance company and to the Wisconsin Department of Workforce Development. If your employer does not report the injury, it can cause problems, but it does not mean you lose your rights.
Step Two: Medical Treatment And Choice Of Doctor
Wisconsin law allows injured workers to select their own treating physician under Wis. Stat. § 102.42. The employer may require an examination by a physician of its choosing, but the worker generally has the right to choose the primary treating provider.
Medical treatment that is reasonably required to cure and relieve the effects of the injury must be paid by the employer or its insurance carrier. This includes doctor visits, hospital care, prescriptions, and certain travel expenses.
Step Three: Temporary Disability Benefits
If the injury results in time away from work, temporary disability benefits may be available under Wis. Stat. § 102.43. Temporary total disability benefits are typically paid at two-thirds of the worker’s average weekly wage, subject to statutory maximums.
Usually, there is a three-day waiting period under Wis. Stat. § 102.43(1)(b). But if you are off work for more than seven days, you may get paid for those first three days as well.
If your employer disagrees with your claim, your payments might be delayed. In that case, you may need to go through a formal process with the Department of Workforce Development.
Step Four: Independent Medical Examinations And Disputes
Insurance companies often set up independent medical exams under Wis. Stat. § 102.13. These exams help decide how serious your injury is and if you need more treatment.
Disputes may arise regarding causation, work restrictions, or the degree of disability. If a dispute cannot be resolved informally, a hearing may be requested before an administrative law judge through the Department of Workforce Development.
Step Five: Permanent Disability And Return To Work
After your treatment is finished and you have healed as much as possible, permanent disability may be evaluated under Wis. Stat. § 102.52 for scheduled injuries or § 102.44 for unscheduled injuries. The amount of permanent partial disability you have will decide how much extra compensation you get.
Employers are prohibited from discriminating against employees for filing claims under Wis. Stat. § 102.35(3). If an employer refuses to rehire an injured worker without reasonable cause, additional compensation may be available.
Step Six: Settlements And Final Resolution
Some cases are settled through compromise agreements under Wis. Stat. § 102.16(1). All settlements must be reviewed and approved to make sure they are fair and follow Wisconsin Worker’s Compensation law.
We evaluate whether a proposed settlement reflects the full value of wage loss, medical expenses, and permanent disability.
Frequently Asked Questions About Wisconsin Workplace Injuries
How Soon Must An Injury Be Reported In Wisconsin?
Wis. Stat. § 102.12 requires notice within 30 days. However, reporting immediately is strongly recommended. Prompt reporting reduces disputes over whether the injury occurred at work and strengthens the claim.
Can An Employer Fire Me For Filing A Claim?
Wis. Stat. § 102.35(3) prohibits discrimination against employees for filing or attempting to file a Wisconsin Worker’s Compensation claim. If an employer terminates or refuses to rehire an injured worker without reasonable cause, the employer may be ordered to pay additional compensation.
What If The Insurance Company Denies My Claim?
If the insurer denies liability, a hearing can be requested before the Department of Workforce Development. Evidence, including medical records and testimony, will be reviewed by an administrative law judge. Legal representation can be important in contested cases.
Do I Have To See The Company Doctor?
Under Wis. Stat. § 102.42, you generally have the right to choose your own treating physician. However, the employer or insurer may require an independent medical examination. Failure to attend may affect benefits.
How Are Permanent Disability Benefits Calculated?
Permanent disability is decided under Wis. Stat. §§ 102.52 and 102.44, based on whether your injury is scheduled or unscheduled. The amount you receive depends on your disability percentage and the rates set by law. Medical records are very important for this decision.
Contact Gillick, Wicht, Gillick & Graf For A Free Consultation
Understanding the process after reporting a workplace injury is critical to protecting your rights. Gillick, Wicht, Gillick & Graf represents injured workers in Milwaukee and throughout Wisconsin in Wisconsin Worker’s Compensation claims and disputes.
Contact our Milwaukee worker’s compensation lawyers at Gillick, Wicht, Gillick & Graf by calling 414-257-2667 to receive a free consultation. The firm is located in Milwaukee and represents injured workers across the entire state of Wisconsin.
